Hon. Robert A. Baines (Ret.)

T: 408-288-2240
F:408-295-5267

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Available to hear cases nationwide.
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Arbitration

Judge Robert A. Baines (Ret.) has over 39 years of litigation experience, including 22 years on the trial bench in Santa Clara County. He is bright, energetic, and well respected by both plaintiff and defense counsel. He was named Trial Judge of the Year in 2000 by the Santa Clara County Trial Lawyers Association and received that Association’s Lifetime Achievement Award in 2006. As a Superior Court "civil case manager" judge, he handled many complex “cutting edge” Silicon Valley matters.

Representative Arbitrations

Real Estate Disputes:

  • Fraud and nondisclosure claims in the sale of residential and commercial property
  • Fair value claim for lease renewal of resort town retail property

Software/IP Issues:

  • Contract matter concerning whether software development firm had fulfilled its multi-million dollar duty to develop innovative software for a nationwide system for digital medical records
  • Contract dispute regarding performance of internet usage monitoring software

Employment:

  • FEHA claim alleging failure of large HMO to accommodate disabled employee’s condition

Medical Malpractice:

  • Standard of care issue involving high school boy’s loss of hearing allegedly due to adverse reaction to medication
  • Claim of brain damage to elderly patient due to hypoxic episode (i.e., alleged insufficient oxygen to the brain following surgery) 
  • Allegedly improper chiropractic care in the use of a back-stretching machine causing aggravation of patient’s pre-existing low back condition

Personal Injury:

  • Underinsured Motorist Claim (UIM) by worker permanently injured by a drunk driver
  • Slip and fall of patron at gaming casino

Healthcare:

  • Health plan coverage dispute involving an elderly diabetic patient in a skilled nursing facility

Honors, Memberships, and Professional Activities

  • Lifetime Achievement Award, Santa Clara County Trial Lawyers, Association, 2006
  • Trial Judge of the Year, Santa Clara County Trial Lawyers Association, 2000
  • Founders Award, Law Foundation of the Silicon Valley, 1999
  • Executive Committees, Municipal and Superior Courts, 1985-2005
  • Court representative, SCCBA's Civil Practice Committee, 1996-2000
  • Civil Law and Procedure Committee, California Judges Association, 1984-1985
  • Board of Directors, Conflicts Administration Program, 1984-1990 (Chair 1990)
  • Board of Directors, SCCBA Law Foundation, 1980-1982
  • Advisory Board Member, Santa Clara County Justice System, 1978-1980
  • Commissioner, California State Bar Commission on Judicial Nominees Evaluation, 1977 and 1978
  • Board of Trustees, SCCBA, (several terms) 1977-1983
  • Arbitrator, Judicial Arbitration Program, 1975-1983
  • Board of Directors, SCCBA Barristers Club, 1973-1976
  • Member, California Judges Association
  • Member, Santa Clara County Bar Association
  • Visiting Lecturer in Law (Federal Courts and Jurisdiction), Santa Clara University School of Law, 1979-1980
  • Moderator/Panelist before various bar and professional organizations

Background and Education

  • Judge, Santa Clara County Superior Court, 1997-2005
  • Judge, Santa Clara County Municipal Court, 1983-1997
  • Assistant City Attorney/Head of the Litigation Division, San Jose City Attorney's Office, 1980-1983
  • Directing Attorney, Head of Litigation, Public Interest Law Firm of the Santa Clara County Bar Association Law Foundation (now the Law Foundation of the Silicon Valley), 1975-1980
  • Staff Attorney and Senior Staff Attorney, Legal Aid Society of Santa Clara County, 1970-1975
  • J.D., Boalt Hall, 1969
  • B.A., (Phi Beta Kappa and with Highest Honors) University of California, Riverside, 1966